SD Received today - hand delivered but dated last month! Help? ***WON***

[42man]

Link for costs here - http://www.consumeractiongroup.co.uk/forum/showthread.php?211818-Lowell-Hampton-Statutory-Demand-***-WON-COSTS-***/page3

[fdpm]

Hi all - Just got back from the Court... The other side had sent an agent along who pounced on me... said she was going to ask for adjournment as I hadn't sent them (the alleged creditors) a copy of my affadavit. Anyway - got called in and the first thing I noticed was that the Judge was different one from last time... so that made me feel less frightened... the Judge was reading my defence. He asked me if I had produced it myself, so I said yes with the help of research on the internet... he said it was well written and suggested that perhaps I should be a solicitor, so I just said Thank you Sir...

 

The Agent launched into a blurb about her not having the affadavit - he told her it didn't matter because the SD shouldn't have been issued in the first place as the matter should be dealt with through CCA channels - she argued with him and he basically told her that if she wanted to go to the higher courts and challenge it she could but he didn't agree and was setting the SD aside... she then asked if she could appeal and he said she could but he then wrote down, 'no leave to appeal' and then when she asked for costs, he said no, and wrote that down too. I didn't really say anything else. I didn't ask for costs because I was too happy that he had thrown it all out!!

 

Thank you for all your help, especially 42Man!! Another donation coming your way from me.

[minmoo]

Superb

 

Well done you!!

[42man]

Really, really great news FDPM....i'm absolutely overjoyed to hear it and delighted for you....

[DonkeyB]

A lovely story. And a sensible judge who clearly understands that SDs should not be used as a debt collection tool. Don’t forget to point this out to the OFT, and mention the judge’s comments re the proper use of the consumer credit act! Well done.

[cymruambyth]

Great news, well done

[fdpm]

Just a quick question to all of you knowledgable CAGGERS - the Agent was really miffed that I hadn't sent them a copy of my affadavit...

 

Can anyone confirm/deny whether or not one is supposed to send a copy to the person who has issued the SD? The agent said she had asked the court and they had said that I should have sent them a copy... but I am pretty sure that last time I had an SD that I never sent the other side anything?? Just thought it is one of those questions that no-one seems to have ever asked!

 

Thanks

[42man]

That is the first I have heard of it FDPM......I think out of courtesy then one should be sent, but I was always led to believe that the court sent them to the claimant....I may of course be wrong, but then again when you get a frivolous demand why should you be courteous ?...

[fdpm]

Thanks 42Man - the main reason I think we should find out is that when she pounced on me in the waiting room, she was threatening that she was going to ask for an adjournment of the hearing as she had been advised by the claimants that I hadn't submitted a defence and she only found out when she got to the court and asked. I personally think it was their way of trying to delay things because surely they must have realised I had submitted an affadavit when they got the notice from the court about the hearing date?

 

Anyway - Thank God, in my case anyway, I got a different Judge this time because I know for a fact that had I got the same Judge as before, he would more than likely have listened to her and agreed with everything she said... he wasn't a very nice man... and my not having sent them anything could have scuppered me on the day - whereas, the Judge I did get, read through my affadavit and questioned why the claimants were chasing a credit card debt with a SD... phew!

 

I think it is someting we maybe need to find out in order to help others... ??

[diddydicky]

I hear you but still scared. Feel annoyed with myself for not demanding CCA earlier - but with all the problems we had last year with the paerents, I just never got around to it.

 

If the court finds in their favour - does anyone know what happens nex?

 

courts are VERY reluctant to issue bankruptcy orders and will give lots of opportunities to retrieve the situation